MATTER OF ELLISON v. REGAN


189 A.D.2d 1076 (1993)

In the Matter of Eddie Ellison, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 28, 1993


On petitioner's application for accidental disability retirement benefits, he listed March 7, 1989 as the date of his "accident" because that was the date he found out that he had heart disease. There is no presumption under Retirement and Social Security Law § 363-a (2) that a disease of the heart is a natural and proximate result of an accident. Petitioner, a police officer, was still required to establish that his disability was the proximate result of an accident...

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